In this case the defendant denies charges of child endangerment despite being found drunk and unconscious with two young children she was supposed to be caring for.
Early one morning a police sergeant found defendant Perez in the back seat of a cab with two infant children next to her. Perez was unconscious and appeared to be intoxicated. She was arrested and charged with two misdemeanor counts of endangering a child under N.Y. Pen. Law § 260.10(1) and (2). Despite the observation of the police sergeant who found her, Perez filed a motion to dismiss the changes, arguing that the prosecution did not establish a prima facie case of child endangerment.
The charges against Perez are based largely on the observations of the police sergeant who found Perez slumped over in the back seat of a cab. When the sergeant called out to her, she eventually woke up. Her eyes were watery and bloodshot, she smelled of alcohol, she was unsteady on her feet, and she slurred when she spoke. When the sergeant asked about the two children she seemed to have forgotten that they were with her. She responded, “What kids? I don’t have any kids with me.” The children appeared to be between 1 and 2 years old.